Landlord Didn't Register Boiler

LVT Number: #24223

DOB issued violation notices to landlord for failing to register the boilers for an apartment building. The DOS inspector stated that the boilers were installed without a permit and that at the time of inspection they were still unregistered. Landlord claimed that its boilers were exempt from registration and annual inspection requirements because they were each under 100,000 BTUs and each serviced only a single apartment. The ALJ ruled against landlord and fined it $30,000. Landlord appealed and lost.

DOB issued violation notices to landlord for failing to register the boilers for an apartment building. The DOS inspector stated that the boilers were installed without a permit and that at the time of inspection they were still unregistered. Landlord claimed that its boilers were exempt from registration and annual inspection requirements because they were each under 100,000 BTUs and each serviced only a single apartment. The ALJ ruled against landlord and fined it $30,000. Landlord appealed and lost. Because landlord didn't register the 12 boilers as DOB required, it didn't maintain them in good working order, and therefore had violated Building Code Section 28-301.1. Mechanical Code (MC) Section 1011.1 requires a new boiler to undergo inspections and tests in order to receive a DOB sign-off of the boiler installation job and a certificate of compliance. Upon sign-off, the new boiler receives a boiler registration number that shows that the boiler is safe to operate and is in good working order. Although MC Section 1011.1 exempts boilers of less than 350,000 BTUs, the exemption is expressly limited to buildings with fewer than six apartments and reasonably doesn't apply to low-pressure boilers in multiple dwellings with more than six families because it would pose a serious threat to public safety.

Yaakov Henry Realty LLC: ECB App. No. 1200005 (6/28/12) [4-pg. doc.]

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